first performed a revolutionary procedure 46 years ago today. >> the dow took a hit today. but on very light volume. when news breaks out we'll break in. i'm shepard smith. see you then. >> the people of detroit, what do we want? >> justice. >> when do we want it? >> now. >> what do we want. >> justice. >> the nation's largest municipal bankruptcy is on and unions are sounding off. welcome everybody, i'm neil cavuto, and, wow, $18 billion in debt and now detroit is getting the green light to dig itself out, but with a bankruptcy plan that has unions digging in. the judge saying that the motor city deserves a fresh start and we are all over that start. and whether it will ever stop. in detroit on what happens now. dave, who says bring on the bankruptcies now, and charles payne on if the unions lose, taxpayers stand to win big now.

we begin with jeff. >> neil, hello. it's a big day in detroit. i tell you. no one really saw this coming in the it did. inside the courtroom, all we have is sketches because it's a federal court but the bankruptcy judge did what no judge before him has ever done, that is to rule that if a city goes into bankruptcy, and you have a municipal pension, it's not safe. it can actually be reduced. as you can imagine, the unions very upset about this. we talked to a lawyer for one of the 23,000 detroit who said this is a call to arms. >> it says their pensions are subject to being impaired and reduced in bankruptcy, and it means that they better start mobilizing because they cannot rely on the court to defend their fruits of their labor for 30 years. >> and mobilize they did outside the courtroom. even as the ruling was unfolding, because sort of telegraphed -- the judge

telegraphed it as the day kind of went on before he issued the final ruling. the city manager, kev-in orr, said, i don't like it but it comes down to dollars and cents and there just aren't enough of either. >> we're trying to be very thoughtful, measured, and humane, about what we have to do. what i can tell them is that the reality is, there's not enough money to address the situation, no matter what we do. that is clear. >> reporter: and that's the bottom line, i think, on this, neil. there are no winners here. going to appeal. the judge says he will not stay his ruling pending appeal. this thing is going forward. it's unclear, though, how much of a haircut the pensioners will have to take. that is yesterday to be decided and the judge says it's going to be as fair as it can be, whatever it is. >> jeff in detroit, thank you. >> this opportunity today gives us a chance, i think to move

forward with a clean slate. >> clean slate maybe but in detroit questions perennially. other financially strapped cities tomorrow. dave says bring the bankruptcies on if that's what it takes, the only way for taxpayers to get a break. dave, there are lot of cities and municipalities, counties on a similar brink, and wouldn't take much to push them over. where is this going? >> well, the mayor of san jose was on fox and friends this morning talking about his effortsed to try to restructure california state law with regard to the -- he is in court right now, being challenged best hi union, because san jose is headed for bankruptcy. san bernardino, stockton, all driven solely by the -- not sole live but overwhelmingly by the power of the unions and the outside, outrageous pensions they have. i think it's a terrible tragedy to see any individual, any

american, who is suffering and loses a pension or isn't get what they're promised. the problem is for years, decades -- this is a 50-year bender of the unions taking advantage of the political process, wielding undo influence, getting outsized, grabbing for all of the pie or drink they could and now here is the hangover, and now they're coming back to us and saying, well, but you can't blame this on us. you can't take that out of our hides. but we have to. there's no money left in the till. >> you're right on the -- if i'm aonen and i'm looking at what is going on, i'd say, well, politicians signed on to this in detroit's case they have had a parade of idiots, but my point is that they signed on to the deal that they knew couldn't be paid for, as was the case and is the case in a lot of other u.s. cities. i'm just wondering now whether a lot of these city mayors and even governors who are faced

with similar problems use this as the first option rather than the last. >> well, i don't know if -- it's not a good option. if you look at what's gone on in the california bankruptcies, services suffer horribly. detroit -- it's a tragedy in detroit. not a good option. but at times it can be the only option and what you're seeing in california is smart guys like mayor chuck reed trying to get out in front of it and say, we better restructure the pensions now or else we're going end up like detroit, and it's going to be one or the other. >> thank you, my friend. just to help people understand what is go on, when a city files for bankruptcy, all of those creditors stand in line. and they all, in the case of public workers, then have to see how much of a haircut they're getting, whether the pension they're prom hissed will be paid at 90%, 50%. anyway way to plow. my decision is a big blow to unions trying to hold on to the power. charles payne says that could be a big win for the u.s. economy

going forward. explain. >> we know the human toll. you heard the mayor bing talk about it. kevyn orr talked about it. no doubt. human beings lives are at stake and promises were made. but you have -- and dive just mentioned the previous guest, this unhoe live alliance where unions push politicians, who did them favors, making the unions stronger and able to push in the same policies. this beneficial cycle of power sharing that really helped to bankrupt not just detroit but a wheel lot of other places on the brink. these were very -- promises made over a long period of time, and if we were being honest about it, up -- people could see this coming for a long perfected of time but you had this powerful power structure, and this is what they -- >> talk about a human toll, a big toll on taxpayers. >> mayor bing said, you weigh the consequences and, yes,

there's some part is going to come out hurt, and this particular caves it was the unions, but -- >> it's not the first time, right? in the case of the private companies -- we can go back to the days of steel and bethlehem steel and companies that made generous promises and pensions, ultimately the companies folded, the pensioners were paid pennies on the dollar. so it hayes happened. >> it has happened to the private sector. auto bailout kind of skewed that a little bit maybe gave hope to some of the unions maybe there would be a new way of doing things but you cannot keep it going. detroit -- this was an amazing gift for detroit, for the citizens of detroit, not to take every little nickel they have to pay off pensions and be in this death cycle. they were in a death. they get a chance to -- the word was used, a clean slate. get a chance at the clean slate. the people that live there have the opportunity to take the money as it comes in and rebuild the city, rather than paying off past liabilities.

it's just -- just the best news for the people of detroit in many ways for the country. >> i wonder how people will feel about promises, local, state, federal government. even in the case of public workers early on who thought this is my pension and it's not going -- i can imagine sort of like a tsunami of distrust about government and what it says it can and will do and maybe that would be good for all of to us realize the limitations. >> re realize it now. like cigarette smoking. someone started smoking stenyears ago, you can forgive them for having lung cancer, someone would started ten years ago, shame on you. there are people who feel like the rug was pulled out from underneath them and to a large degree it was. but we know the numbers. this is not a new problem. it's festered over 50 years, and by the way, it's a great cautionary teal h tale for the united states of america, we can britain money but we can get to

the same point detroit is in at some point and it could be disastrous. >> and we into keep in mind all unfunded liabilities together in this country now north of $40 trillion, not just -- all liabilities unfunded, $40 trillion. >> imagine a couple of hiccups in the economy. >> doesn't take much. here i thought the hunger games was hit movie. i want you to feel the fire at the white house.

>> let the huck per -- hunger gs begin. the president is out front with the health care winners. where are the millions whose plans fired them? they're not playing. they're paying. and they're paying big-time. so much so that a lot of them are quitting. something that chris says is a

huge risk for them and the taxpayer, and this ain't no movie. what's happening right now in is the president going on a full frontal person r. assault to say we have turn this thing around, it's getting better in what do you say? >> the president wants to make clear it's more than a web site, and i would say he's right. it's more than a web site. what a lot of people are realizing is that the premiums they're facing and the deductibles they're facing are so high that this insurance doesn't make sense for them. >> you know, chris, i always argued, people getting caught up in the web site and i found it to be a technical disaster but that's not the problem. opposite you log on and good -- once you log on and go through the one size fits all you say, this doesn't cut it for me eye. not disputing the number of americans who are -- for whom this might be a good deal even though we're seeing very few take advantage of that for a variety of reasons about for millions more who conclude it's not and we're in a real pickle. what will ultimately decide this

thing's fate? >> so, take, for example, someone in their mid-30s, making $26,000 a year. so, they're about 125 -- 225% of poverty. so their premiums, even after subsidies, is $1,200 a year. they may feel like a $26,000 a year they can pay $100 a mock for insurance, but then they've got a five, six, seven thousand collar deductible on top of that before they get anything from the coverage. so these people who stop and do the math are going to say, this doesn't make sense, i'll pay the-$120 penalty. and i'm uncovered for nine months. and we have taken away the risk of being uncovered because if i get sake they can't rate me based on my health status -- >> very little in the way of punishment to push you into this because you'll need to suck it up and when push comes to shove you're covered anyway.

the young people are going to make this work, and then make this make sense financial fence, and as of now, they're not really rushing into this. >> not at all. >> what will compel them to do so? >> as i'm saying again and again, they're not going to do it for economic reasons or risk. we changed those factors. we're talking to people who have not bought insurance in the past. so if they get in it's because maybe the like the president and they want to support the law, or maybe their parents pressured them, but it's go to be factor besides math that drives them into the exchanges. >> you're right, chris. good seeing you again. >> thank you. >> back to this hunger games analogy. what if told you this healthcare games 2, republican senator pat toomey discovered something. the contestants may not be reel because a lot of them are not technically enrolled. explain what is going on here. the difference between getting on the site, logging on and

signing up. >> the problems never seem to end. the web site itself is really the least of the problems. but one of the new problems we're discovering is people go to the web site, they now finally manage to get through -- my wife couldn't. >> really. >> yeah. my wife is very sharp. couldn't get through. >> a u.s. senator's wife. >> members of congress are forced under the obamacare, we're losing our existing coverage. >> did you have any special pass code. >> no. it doesn't work for my wife either. so, yeah, believe me, i understand exactly what people are going through because we're going through it. >> what do you want? what did she find when she got -- >> took her information, her data, she gave all our personal information, all our identifying information, and now the system, has and it then when she queried it for various plans that are available, it denied her. wouldn't give her that. she went back later tried it

again. still couldn't get access to that sort of menu of choices. and then she called somebody and said, can you help us? and they said, it's not just not working right now. best through try again sometime. so, it's still a problem. but your question is, what about the people who actually think they bought a policy, turns out, some of the information on the back end of the system might not be making it to the insurance company. so you think you have an insurance plan, the web site told you, you did. you go to your doctor though, hospital, have a service, turns out insurance company don't know who you are. >> do you get anything that says, all right, aetna will pick you up, united healthcare, if you have any temporary i.d.? >> i don't know the answer. we haven't been available to get that far, my family. so, i'm not sure what kind of documentation or manifestation of person would have of a plan. >> the president is saying today that, look, the benefits

outweigh the problems these republicans are talking about. lifetime medical care caps have been removed. you can keep your kids on your policy longer, more uninsured will know be insured. you point out very early on that this is going to cost you. doesn't come free. but now, that seems to be what they're saying. more will benefit than will not. what do you think? >> let's look at the big picture. by the administration's own accounting 90% of americans had health insurance. the number they used was 30 million that didn't, out of a country of 300 million, that's 10%. so we turned he entire healthcare delivery system upside-down for what they said was so% problem and they're making it worse. it's based on a flawed premise the government should decide for you what insurance you should by. >> this is alamo for the run -- republicans and black and white

for a lot of you. governors like case -- kasich in ohio, and chris christie, are they just as pregnant, just a little bit pregnant? >> i'm going to pass judgment on their decisions. i'm not familiar with the circumstances in ohio or new jersey. >> if you were governor of pennsylvania would you take the money? >> i'd have a hard time expanding and accepting obamacare. >> does that compromise either of those gentlemen in your eyes? >> again, i don't know whether or not it does, neil, because i don't know the circumstances. here's my concern. federal government is making a promise it's not going to be able to deliver. the promise it's going to pick up the tab indefinitely when the federal government is more broke than any entity in the history of the world, debt we have mounted is so massive and so unsustainable that the idea that the federal government is going to i can't up the tab on a huge new expansion of an existing and

already unaffordable entitlement, i'm not buying it so it's go to fall into the laps of the states who have chosen to do that. >> senator good, to see you. pat toomey in other good news today, go ahead and kiss the gas savings goodbye. a gas tax hike that could wipe them out. ick with innovation. stick with power. stick with technology. get the new flexcare platinum from philips sonicare and save now.

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talk about a kick in the gas. a push to double the federal tax on every gallon of gas. to democratic congressman says it's time and it will do some good. you're talking about hiking the tax to more than 33 cents a gallon. that doesn't sound all too good but explain why you think it's a good idea. >> well, first of all, we haven't raised the gas tax in 20 years. during that time the amount that the average motorist pays per

mile they drive because of increased full efficiency and inflation, has been cut in half. we are facing for all the talk of a budget deficit, we're facing an infrastructure deficit. and because we have just sort of run the gas tax trust fund down to where it's approaching zero, if we don't do something in the next ten months, we're going to face an inability to fund any transit funding next year, and the federal highway funding will drop 92%. >> what's happened to all the money we have already allocated, not only through the gas tax but states, municipalities and surcharges and -- where has that money gone. >> look around you and see in every community. we have had a dramatic reduction

in the amount of money that has been available over the course of the last ten years. as i say, you haven't raised the gas tax in 20 years. >> but we have more gas revenue coming in because more people are driving and just demand -- >> that's not the case. >> is there a way to assure this in a lock box so it's intend for just that purpose? we do have a lot of other means by which we raise money to help our infrastructure, and our infrastructure still sucks. >> first of all, if you hadn't raised a fund for 20 years, you could see where you -- it would lose revenue. >> but where are the tolls and all the -- where is that money going? >> what is your point? >> the point is we -- >> across the country -- >> where is the money going -- $42 billion in fees alone last year, presumably for bridges and roadsed and highway construction.

is that money going somewhere it's not intended? i mean, because that's -- >> it's going to where it's intended under the federal transportation legislation. the point is, since you haven't raised the tax in 20 years, since people are actually driving less than they used to, and because the demands for transportation are increasing for things like trucks, there is a time when the inventory was kept in warehouses. now because of just in time deliveries, the highways are the warehouses. >> congressman, help me,ed of indicate me, where is toll money going. >> i'm trying -- >> where is that money going? do you know? >> to the best of my knowledge the toll money under the individual states that have tolls, those are dedicated for the transportation purposes. >> but you should the roads and bridges by me. they're falling apart.

>> that's right. that what happen ode -- americans have been doing what you want and taking this money to do something that is a merit d we want to make sure the bridges don't follow down. how can we make sure there's a lock box that will do for infrastructure repair what you say it will? >> the transportation funding is allocated under the highway bill. it goes for roads, bridges, transits, 20% set aside set up under president reagan, these moneys have not kept pace with inflation. there are demands and you go in cincinnati, they want to replace the bridge. there's a concern in my community to take a bridge that is 100 years old across the crumb -- columbia river between vancouver and portland. we have a big space of transportation funding in the late '50s, '60s and '70s. >> i know your intentions are

good, congressman, but you can't guarantee the money being ail located now through the various systems, whether locally, by state or the federal government, is going to its intended purpose they said the same thing about social security. the fund was raided. >> city council -- you're you're talk can about doubling the gas tax and agent acting like it's no big deal. >> didn't say it is no big deal. it is a big deal. it's very important. the ability to fund transportation because we have not raised the gas tax in 20 years. >> you can't allocate the money -- >> you can. along at your communities in terms of bridge construction and maintenance. you can look how it is spent. it's available. listen to the business people from the u.s. chamber. from the contractors. listen to local government --

>> congressman, this is an important important. do you honestly believe work with the folks you do that the money you might get from this gas tax is going to be used exclusively and only for repairing roads and bridges and fixing our highways? do you think that's really the case or does the history with the people you work with indicate that will ever be the case? really? >> why do you say that? where do you think it's gone? >> i don't know because our roads and bridges are for cra and this is after we committed tens of millions of dollars each and every year through a variety of sources and they're still falling apart. you're saying maybe the difference and maybe the answer is more money. the fact of the matter is the money we intent we can't account for. >> you -- where do you get senate you can't account for it? >> can you account for $42 billion in can you spell out for me, congressman -- the budget is available for every if

state. >> the goal was to fix roads and bridges and they're still falling apart, me thinks someone has stolen it, taken it. >> wow. well, i i'd be happy to sit down with you, neil, and show you state transportation budgets. i assume fox has a big research organization. and they can find out -- >> they have a variety 0 of ways to make it simple for you. you advocated spending double what we do now on taxes for a gallon of gasoline, for roads and brims bridges and repair. i'm telling you as a business guy here at fox, keep track of the missouri that have been spent and what happens to money that should have easily addressed the problems because you could be advocating good money after bad. >> neil, if you would look at the report from the american council of civil engineers, you'd find outlined exactly where the problems are. this is not rocket science. and all the groups that have

looked at -- there is would a bipartisan commission appointed by president bush called for in the 2005 legislation, that analyzed this. >> right, and they analyzed it to the point saying we do need to fix delap dated roads and bridges but we have to find out what happened to the money we allocated to fix the roads and bridges already? >> i would sit down, neil, and talk to some of the state transportation authorities -- >> i've taken the liberty of doing that on this show. no one knows. no one has an answer. they can't account for it. when i -- i mentioned -- >> that's fox news that don't know where it went. >> no, no. congressman -- look around -- you're -- [overlapping speakers] >> they're working on route 80 by me. the grandkids of the people who start working on those repairs are doing the same repairs. what americans want to know is how can you guarantee the new moneys you want from this won't compound the sin? >> i just finished indicating to

you that independent studies from business, from republicans -- >> you have no idea. you have no idea, do you? you have no idea. >> i think you don't have -- you purposely don't have an idea. >> i cover this a lot and i get the same answer. >> thanks for you time. and maybe it's because you're just wrong, neil. the money didn't disappear. some places you'd like it spent differently, there are things i'd like to do better -- >> that was transportation money. transportation money, going to transportation. >> i'm just talking about transportation money. >> god bless you. >> always a pleasure, neil. >> wish i could say the same thing. we'll have more after this. and ah, so you can see like right here i can just... you know, check my policy here, add a car, ah speak to customer rvice, check on a claim...you know, all with the ah, tap of my geico app. oh, that's so cool. well, i would disagree with you but, ah, that would make me a liar. no dude, you're on the jumbotron!

whoa. ah...yeah, pretty much walked into that one. geico anywhere anytime. just a tap away on the geico app.

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fatigue, cough, or sores. you should not start humira if you have any kind of infection. make the most of every moment. ask your dermatologist about humira, today. clearer skin is possible. welcome back. i'm sorry if i seemed a little imtemperred there and i apologized to the congressman as well, but one thing i do follow fairly closely is money in and money out. a lot of money going in to address our transportation needs, to address our infrastructure needs, and by my math it should be enough to pave all or roads in gold but our roads are not paved in gallon. they're barely paved at all. so it begs the question before we commit more money to something let's find out what happened to the money that was allocated to do that something. that is my big question. where is this money? >> the congressman made a point. we have not raised the gas tax in 20 years, the reason why you

don't have to do that is because they've been raising the taxes on the oil companies. the oil companies provide to government with about $6 million a day in tax revenue. that's to the feds. that's only $31 billion a year. so if it takes 31 billion to build a bridge, just the taxes that the oil companies -- you could build 34 bridges -- a bill dollar bridge would be expensive. you can just build 62. so that's the bottom line. and the money that should go to transportation, oil, taken from the oil companies, shoot go back into transportation and roadsed and bridges. the problem, it isn't. it goes to a lot of other programs and doesn't go to -- >> that was the point i was trying to bring home and i was using my own state of example, run by a republican governor, is that we have this situation that is built into our constitutional dna where they take the money in, through gas taxes at the federal level or level

or local level or all of the above as is the case in new jersey and new york and california, and then we get them through -- excise and related taxes and tolls and all the rest, and what i want to know, with all of that money, ear marked -- it's a bad word -- for road and bridge repair and making sure they don't fall down and they're still falling down, then someone has taken that money. so i say, the hell you are going to get more money from me because i want to find out what you have done with the money we have already given you. >> absolutely. i was talking about the taxes the oil companies pay. we're not talking about the state and while the federal tax has not gone up a lot of local municipalities and states have raised taxes. chicago, we have some of the highest taxes in the nation. we have a cook county tax, city tax, an epa tax and a variable state tax that is as high as the

price of gasoline goes, the higher the price of the taxes. you have to put a stop to the madness and just raising raisine federal tax, it's going to kick consumers in the teeth who are already struggling from higher healthcare cos, uncertain job market, and now late rates the gas taxes. nothing that hurts the american consumer more than higher gas taxes. i'm the first guy who hears about it when tax goes up. >> let's find out where it went and if it's not enough, we can allocate every penny. have at it. but it's wrong. >> thank you very much. again, folks, this comes down to -- take it from the geeks here at fox. money in and money out. we're getting a lot of money coming into the country, a lot of it from all sorts of folks, including you. so the problem is not all the money coming in, it's all the money going out. this is endem nick of what is wrong in the country. we're big on proposing more

money to throw at problems but never looking at the money we have already thrown at that problem. that is the problem. it's the money that is missing. that is the bureaucratic bridge that is tumbling down. oh, boy. i'm only in my 60's.

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call now to request your free decision guide. and learn more about the kinds of plans that will be here for you now -- and down the road. i have a lifetime of experience. so i know how important that is. the last time i talked to him there he was in an upstate new york prison. that is one of the first interviews of the business titan, the former head of taiko, is now a free man, agreement parole today. the man who many said squandered his wealth and shareholder wealth on extravagant spending, including a 16,000 umbrella stand. that was a purchase his wife made, not that he made. but nevertheless it wasn't shareholder dough. the bottom line is after being in and out of appeals, dennis

zlowski, becomes the poster boy for everything bad is a free man, out on patrol. mean while, after the pledge, the probe. now that we know the millions cannot keep their doctors after all, a new push to fine out just when the president knew that. darryl issa is going to straight to the insurance companies to find out. congressman, i suspect that they at least had an inclining this wasn't going to pan out. >> absolutely. and we expect to get the truth from the insurance companies about how they were doing what they were told, full well knowing it wasn't going to work out, and particularly what the costs to both young people and a great many other age groups, men and women, and we think that this is the best way to get the answer because obviously the administration just the other day told us the web site was working when it clearly isn't to getting the truth out of the administration is less likely than the private sector. >> is it a communication problem? what if it isn't as nefarious,

they just didn't communicate with each other, we hand did not know. >> this administration has a communication problem with the truth. the truth is their people were debating all kinds of problems, including security problems. we became aware today that this administration knew they had private information stuck in that vault that was supposed to not have it. we're trying to get it out in the last few days before the launch. and of course now 60 days later they're claiming something works when it really doesn't. neil, this is a problem not just of the web site, though. the important thing is, we have a fundamental problem with the 2400 pages and the 20,000 pages of regulations on something that isn't going to work, that's going hurt the consumer. it's going to hurt those who need help and can't afford it. it's obviously going to hurt those who were already paying for their healthcare and are now paying more. >> what about democrats who say

republicans realize the site is getting better, and that you have got to make some argument this thing is still horrible. >> well, no, we -- look, we tried to say that the whole prom should be delayed, we should try to figure out congressional action that was needed if we were going to make a better healthcare system work and most importantly, as you know, every waiver the administration has given has been about not getting revenue that was loaded in their forecast of this not costing so much, this is now costing the economy and the american people hundreds of billions of dollars. this is going to be a train wreck for our economy because the only way to fix health care is to deliver good health care for less of your dollars, not simply to take one person's dollars and move it to another and that's what happened. healthcare costs are going up and in fact they're reshuffling who pays for it but not dealing with the fundmental cost of efficient delivery, and that is what republicans want to work hand in hand with anyone else who will work with us on.

>> they argue the opposite, but those costs are coming down. but in the meantime, congress, always a pressure. >> thank you. and thanks for holding earl accountable. >> okay. if the site is so easy to hack it? [ male announcer ] campbell's homestyle. mmm! this is delicious katie. it's not bad for canned soup, right? pfft! [ laughs ] you nearly had us there. canned soup. [ male announcer ] they just might think it's homemade. try campbell's homestyle soup.

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uh-oh, me thinks the chat with the congressman is going viral. wow, after that totally whacked congressman, i bet neil never expected he'd rather have richard simmons climbing over his desk. he's been in congress too damn long. vote 'em out. ben disagrees. all evidence points to need for additional money for infrastructure and jobs. no, it does not.

here's rachel. they double the tax to 33 cents and we will not even be able to afford a bike. makes a good point. never argue gas taxes with a man wearing a bicycle on his lapel. >> do you honestly -- listen to you. never noticed it. i guess i was just too angry. but to hear one hacker tell it, not good enough. actually david kennedy says the risks of the health care law are even worse. >> what we did was testify in front of congress a couple weeks ago to basically explain a lot of the issues we identified from a security aspect. we didn't hack into the site. we look around the security and see how it's configured. it's alarming. everything from personal information you can hack and we're hoping that by the 30th launch date that a lot of these issues would have been addressed. we haven't seen any of them fixed that we've recorded. and there's still exposure for

the website. >> i would assume in the interim they've been trying to beef up that protection, cyber proof it, you know, what have they done? >> you'd hope so. we haven't seen any type of indication of that. if you look at the report they released that contained the fixes, security was never mentioned. if you look at that, we still have a lot of security derns with the website that haven't been addressed and continue to be out there. it needs to be a top priority for our privacy and the type of information we're putting out there. americans should be alarmed about it. >> people think they've answered everything and that it has to go to insurance companies as a final stamp of approval to actually be signed up. there's a lot that can go wrong in that interim, right? >> that's right. the correlation behind the database and everything that happens behind the scenes is a lot of programming. if you look at what they did to this release date and they really tried to focus on the performance, they focused on keeping the site up and running, and they're still having issues with that, but they didn't focus

on the connection oriented things as well as the overall security. there's a lot of issues with the site itself. >> where do you see all this going? >> unfortunately, a lot of indicators point to security wasn't built in from the ground up. that's one of the first parts of developing a website and what we call best practices. unfortunately, it doesn't appear that was built in. to bolt things on after the fact is really difficult because the architecture, the infrastructure and the programming around it that makes everything work is flawed from the get-go. it will take a lot, it will take a rehaul, a long time, more than a year. >> wow, david, thank you very much. >> thanks, neil, appreciate it. >> "the new york times" just wrote its epitaph on this congress, least productive ever. congress, wear that badge proudly. i'll explain in about a minute 30. fidelity is there for your personal economy, helping you readjust your retirement plan along the way, rethink how you're invested, and refocus as your career moves forward.

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america's health care overhaul, terror threats and the economy. the issues that matter most are on the line. that's why more americans watch fox news channel, fair and balanced. you know, finally i guess fitting with this show's theme today, a headline that caught my eye in today's "new york times." underachieving congress appears in no hurry to change things

now. the story goes on to bemoan the republican house in particular that has two weeks left before -- and i quote from the "times" -- likely to interinto the congressional record book for underachievement. no bills, no laws, no time and now out of time. that was their thing. they did not do. they did not spend. they're underachieving because they're preventing the wheels of government itself from moving. and it got me thinking. it happens now and then. since when is underachieving defined by underdelivering on spending or legislating or new laws or new mandates or new rules or regulations or decrees from washington? since when are these the things by which we judge the accomplishments of washington. i think congress should get a gold star for largely sitting on its collective pin-striped keyesers. here's why. given the choice between their sitting on their hands and giving us the deeper in debt finger, i'll take their hands.

haven't we taken this notion of bringing home the bacon a bit too far? me? you know what? if i were running for congress, you know what my motto would be? no bacon, no anything, no bridge to nowhere, no highway project anywhere, no post office in my honor, no federal buildings in anyone's honor. you want pork, i'm going to give you squat. so chew on that. i want you to think about this. what if 435 members of congress and 100 senators did that, men and women who defined their existence not by the money they spent but the money they save? not by the gravy they brought home from washington but the gravy train they stopped in washington. not by the regulations they could come up with to burden business, but the regulations they'd wipe off the books to help business? what if that was how we defined achievement in washington? achieving real and lasting fiscal relief in washington. what if we redefined achievement

itself, not by doing more but doing less, not by how much you're spending, but waking up and recognizing we're spent? that would be my platform in washington. you're getting nothing from me in washington. how do you like that campaign? because that bridge to nowhere cost taxpayers everywhere. and i'm not driving on it, i'm not pushing it and i'll be damned if the funds i try to squirrel back to some well-greased palms back home are going to benefit from it. that would be my calculus in congress, waking up to basic math in congress, money in, money out. everybody, figure it out. that would be my achievement. and this, my friends, would be my bumper sticker. no bacon. no bull. or maybe this. cavuto: because we are out of cash. i'm going to explore this a lot more. just following the money trail. and getting back to the basics. if we're spending trillions of dollars, have you ever wanted to

stop and say, let's first account for where that money's going before we add on to it? i'm not against fixing our roads and bridges. what i'm against is adding insult to injury, assuming we haven't even raised the money to try. hello, everyone. i'm andrea tantaros, along with bob beckel, this is "the five." the first obama care enrollment deadline is less than three weeks away and the president is trying to regain control of the debate. today at the white house, he went on the offensive. >> you got good ideas? bring them to me. let's go. but we're not repealing it as long as i'm president. i'm going to need some help in spreading the word. i'm going to need some help in spreading the word. i need you to spread the word about the law, about its